Adopted Children and Divorce

San Jose Divorce and Adoption Lawyer

Adopted Children and Divorce

Many couples find that adopting children is what they need to make their family complete. Unfortunately, making a family complete does not always make the parents happy with each other and even after successful adoptions, some marriages will still end in divorce. In these types of situations, it is crucial to keep the well being of your children at the forefront of your decisions. Remember, adopted children have, by definition, already experienced a certain loss in their lives.

Your Rights as Parents

Filing for divorce does not make an adoption null and void. It can affect the status of a foster care, but bares no legal effect on a finalized adoption. Once an adoption has been finalized, a child is your child legally just as if he or she had been born to you.

In the circumstance that a divorce has been filed before the adoption is finalized, it is up to the court to decide if one or both parents should be allowed to finalize the placement as the marriage dissolves. The adoption agency plays a large role in this decision.

Child Support

The status of your child as a recipient of adoption subsidy assistance will not affect the obligation of the non-custodial parent to pay child support. According to federal law, this type of assistance is the child’s entitlement based on disability and is completely independent of parental income or support.

Adopting Again

Being involved in a divorce does not generally mean that a parent will not be able to adopt again. Single parents and people who have been married more than once are not denied the opportunity to adopt for those reasons alone. However, some countries do not allow adoption by any single, divorced, or re-married persons.

If you are considering filing for a divorce and are the parent of an adopted child, the guidance and understanding of an experienced attorney can help clarify your rights and obligations in this difficult time.

A San Jose Divorce and Adoption Lawyer Can Help

Contact San Jose divorce and adoption lawyer Daniel Jensen at 408-296-4100 for guidance from an attorney who cares. We will discuss your situation and find a solution that keeps you and your children safe.